The area of holidays and furlough has been clarified by the Government. So what do you do if you’re asked by an employee?
Does annual leave accrue during furlough?
Yes, employment rights continue including the right to accrue leave.
Can you make an employee take annual leave during furlough?
Yes you can make someone take annual leave during furlough.
If you want to put people on leave whilst they are on furlough, you must
- give them the required notice to take leave
- pay them 100% of their normal pay
If an employee has pre-booked holiday and now wants to cancel do I have to agree?
No you don’t have to agree to this. If you require them to still take their leave you should pay them 100%. The legislation around carry over of leave has been relaxed. Employees are allowed to carry over 20 days of their entitlement from this year if they have been unable to use it. Employees have two years to use this leave that they have carried over.
Can I make an employee take paid leave?
This has been an employer’s right since the Working Time Regulations came into force in the UK. You have to give an employee twice as much notice as the length of leave that you want them to take. For example, if you want an employee to take two weeks’ leave you must give them four weeks’ notice that they will be on leave for those two weeks.
Can I “buy” holidays back off employees?
If you offer contractual leave to your employees, that is leave in excess of 28 days (including bank holidays) you may have scope to do this. If you are worried that you are going to struggle to enable all your employees to take their leave entitlement this year, you may choose to offer to buy holidays from employees. We recommend that if you are doing this, you make it an offer available to everybody and that you do not force anyone to take part in this initiative.
Are you struggling to find definitive information on holidays and furlough? Call us now on 01706 565332. We can help you.
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